5101:1-2-40.2
Refugee social services program: eligibility and county agency responsibilities.

The refugee social services program
(RSSP) provides employment services and employability services to refugees for
the first five years from their entry date. The policies and procedures
outlined in this rule apply to county agencies who receive an RSSP allocation
pursuant to rule
5101:9-6-16 of the
Administrative Code.

(1)
Refugees for
whom less than five years have passed since their entry date and who reside in
counties receiving an allocation of RSSP funds. If the county agency uses RSSP
funds to offer citizenship and naturalization preparation services, there is no
time limit for the receipt of those services.

(a)
Refugees do not
have to apply for or receive cash assistance to be eligible for RSSP
services.

(b)
Resources and income of the refugee are not considered
when determining eligibility for RSSP.

(c)
Refugees
receiving benefits under the temporary assistance to needy families, Ohio works
first (OWF), program are eligible to participate in RSSP services that are not
available as part of the OWF program in the county in which they reside.

(d)
Refugees participating in a matching grant program through a resettlement
agency are eligible to participate in RSSP services that are not included in
the resettlement agency's matching grant program. Specific services that cannot
be provided to matching grant participants from RSSP include employment
services and employment-related case management services, as described in
paragraphs (B)(1)(a) and (B)(2)(a) of rule
5101:1-2-40.3 of the
Administrative Code.

(2)
Refugees who are
sixteen years of age or older and who are not full-time students in elementary
or secondary schools may receive services set forth in paragraphs (B)(1)(a) and
(C)(1)(a) of rule
5101:1-2-40.3 of the
Administrative Code if the services are intended to:

(a)
Lead to
part-time or temporary (e.g., summer) employment while the person is a student,
or

(b)
Lead to full-time permanent employment upon completion
of schooling.

(3)
A refugee child with an interim assistance letter from
the department of health and human services, office of refugee resettlement
(ORR) may receive services for up to ninety days after the individual's entry
date.

(1)
County agencies
receiving an RSSP allocation pursuant to rule
5101:9-6-16 of the
Administrative Code must:

(a)
Afford all refugees an opportunity to apply for RSSP.
Refugees applying for or in receipt of refugee cash assistance (RCA) or refugee
medical assistance do not need to complete a separate application for
RSSP;

(b)
Determine eligibility for RSSP within thirty days of
the application date;

(c)
Complete a family self-sufficiency plan for each
assistance group and an individual employability plan for each RSSP
participant, as described in rule
5101:1-2-40.4 of the
Administrative Code, within thirty days of the application date; and

(d)
Provide or arrange for employment services and employability services for
refugees to ensure services are available to refugees in the following order of
priority:

(i)
All refugees for the first year from their entry date who apply for
services.

(iii)
Unemployed refugees who are not receiving OWF,
supplemental security income or RCA.

(iv)
Employed
refugees in need of services to retain employment or to attain economic
independence.

(2)
RSSP case
records must contain documentation of refugee status in accordance with
paragraph (B)(10) of rule
5101:1-2-40 of the
Administrative Code, including copies of both sides of status
documentation.

(3)
Use of the systematic alien verification for
entitlements (SAVE) system, as described in rule
5101:1-1-50 of the
Administrative Code, applies to applicants for RSSP. The SAVE system does not
contain information about victims of a severe form of trafficking, nonimmigrant
alien family members of victims of trafficking or refugees with interim
assistance letters. Call the toll-free trafficking verification line at(866)
401-5510 to verify status and to notify the ORR of the benefits for which the
individual has applied.

(4)
Eligibility redeterminations must be completed at
least once every twelve months, or more frequently if needed.

(a)
Information
regarding changes in the RSSP status may come from the refugee, the
resettlement agency or the RSSP provider.

(b)
If a refugee
begins working and is no longer eligible for RCA, mandatory RSSP participation
stops. The refugee may participate in RSSP services as a voluntary
participant.

(c)
If there is a question about whether or not the
refugee has employment and has not reported it to the county agency, the county
agency must verify eligibility.

(5)
Information
relating to applicants, participants and former participants of RSSP is subject
to confidentiality standards set forth in section
5101.27 of the Revised
Code.

(6)
A refugee applying for or in receipt of RSSP has all
the hearing and notice requirement rights set forth in division 5101:6 of the
Administrative Code. Except when services continue as a result of a timely
hearing request, services must be terminated effective the end of the last
month of the time-limited eligibility period as set forth in paragraphs (A)(1)
and (A)(3) of this rule.

(7)
Each county agency receiving an RSSP allocation must
provide a plan to ODJFS by September first each year. The plan must:

(a)
Describe the
goals of the refugee program in the county and how the county agency plans to
accomplish these goals. Describe specific goals related to refugee employment
in the county and the plans to reach and monitor achievement of these
goals.

(b)
Describe how the county agency coordinates cash and
medical assistance with RSSP services to encourage effective refugee
resettlement and to promote employment and economic self-sufficiency as quickly
as possible.

(c)
Describe how the county agency ensures that language
training and employment services are made available to refugees receiving cash
assistance and to other refugees, including county agency efforts to actively
encourage refugee registration for employment services.

(d)
Explain the ways
in which RSSP allocations will be used and how services are selected and
monitored.

(e)
Ensure that RSSP services are provided to refugees
following the priority order defined in paragraph (B)(1)(d) of this rule.

(f)
Designate a county agency staff person who is responsible for the coordination
of RSSP services to refugees in the county.

(g)
Designate an
individual who must have the responsibility to provide timely and accurate
reports to the Ohio department of job and family services.

(i)
The county
agency will comply with all state and federal statutes and regulations in
effect during the time that it is receiving grant funding.

(ii)
Services and
benefits designed for or used by refugees are coordinated and not duplicated
within the county.

(iii)
Communication and collaboration occurs among refugee
resettlement agencies, social service agencies, health providers and public
agencies serving refugees.

(iv)
RSSP funds are
used primarily for employment services and employability services designed to
assist refugees in obtaining jobs within one year of becoming enrolled in
services in order to achieve and maintain economic self-sufficiency.

(v)
All
refugees have access to services and are not discriminated against based upon
their limited English proficiency, race, religion, nationality, gender or
political opinion in accordance with Title VI of the Civil Rights Act of 1964.
This includes providing an interpreter and translating documents into the
refugee's primary language.

(1)
The refugee must provide documentation of refugee
status, as described in paragraph (B)(10) of rule
5101:1-2-40 of the
Administrative Code.

(2)
The refugee must participate in employment services
and employability services within thirty days of applying for RSSP.

(3)
The
refugee must comply with the provisions of the individual employability plan,
as described in rule
5101:1-2-40.4 of the
Administrative Code.

(a)
The refugee must participate in the assigned
employment services and employability services.

(b)
The refugee must
apply for employment opportunities as referred by the county agency, provider
or resettlement agency.

(c)
The refugee must go to job interviews arranged by the
county agency, provider or resettlement agency.

(4)
The refugee must
accept at any time from any source, an offer of employment that meets the
requirements of paragraph (A) of rule
5101:1-2-40.3 of the
Administrative Code, regardless of whether such job would interrupt a program
of services planned or in progress unless:

(a)
The refugee is
currently participating in on-the-job training or vocational training which
meets the requirements of paragraphs (C)(1)(b) and (C)(1)(c) of rule
5101:1-2-40.3 of the
Administrative Code and is included in the individual employability plan; or

(b)
The refugee is enrolled full-time in a professional
recertification program which meets the requirements of paragraph (C)(1)(d) of
rule 5101:1-2-40.3 of the
Administrative Code.

(5)
Inability to
communicate in English does not exempt a refugee from participation in
employment services, employability services or acceptance of appropriate offers
of employment.

(6)
The refugee must provide documentation of good cause,
as defined in paragraph (F) of rule
5101:1-3-11 of the
Administrative Code, for failure to comply with RSSP requirements.

(7)
The
refugee has ten calendar days to report a change in employment status or any
other factor that may affect RSSP eligibility to the county agency.

(D)
What if the refugee fails or refuses to cooperate with
the individual employability plan, voluntarily quits a job or refuses a job
offer?

(1)
The
county agency must determine whether good cause exists as described in
paragraph (F) of rule
5101:1-3-11 of the
Administrative Code.

(2)
If a mandatory participant fails to comply with a
provision of the individual employability plan and the county agency determines
that good cause does not exist, sanction or terminate the RCA in accordance
with paragraph (I) of rule
5101:1-2-40.1 of the
Administrative Code.

(3)
When a voluntary participant fails to comply with a
provision of the individual employability plan and the county agency determines
that good cause does not exist, deregister the refugee from RSSP for three
months for the first occurrence and six months for any subsequent
failure.

Replaces: 5101:1-2- 40.2, Part of 5101:1-2- 40.3, Part of
5101:1-2- 40.4, Part of 5101:1-2- 40.5